Eleventh School District v. Rood
Supreme Court of Vermont
Audita Querela. Practice. Audita Querela. The complaint set forth the issuing and service of a writ in favor of the complainants against the defendant, returnable before Albert C. Butler, justice of the peace, and that at the time and place set in said writ for trial “the said “ eleventh school district, by the prudential committee and cleric “ of said district, came to and before said justice Butler at the time “ and place set for trial as aforesaid, and jirojiosed, claimed…
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Audita Querela. Practice. Audita Querela. The complaint set forth the issuing and service of a writ in favor of the complainants against the defendant, returnable before Albert C. Butler, justice of the peace, and that at the time and place set in said writ for trial “the said “ eleventh school district, by the prudential committee and cleric “ of said district, came to and before said justice Butler at the time “ and place set for trial as aforesaid, and jirojiosed, claimed and “ insisted on their right to appear in said cause, and then and there “ offered to appear in said cause, and defend…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
An audita querela can never be sustained for what is only matter of error, whether it be error in law or in fact.
The justice had power to decide on the right of the prudential committee or of others to appear in his court. Such a power must be incidental to all courts; and without it every loafer in the streets might appear in a justice’s court. It is not important in this case to inquire whether the justice decided right or wrong. If a party has legal notice of a suit, and the plaintiff takes a judgment against him before a court of…
2Cases cited2 opinions
- Tyler v. LathropSupreme Court of Vermont · 1832
- Sutton v. TyrrellSupreme Court of Vermont · 1838